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MT. CARMEL MERCY HOSPITAL v. HECKLER

Civ. No. 82-74193.

581 F.Supp. 1311 (1983)

MT. CARMEL MERCY HOSPITAL, Plaintiff, v. Margaret M. HECKLER, et al., Defendants.

United States District Court, E.D. Michigan, S.D.

November 30, 1983.

Attorney(s) appearing for the Case

Robert A. Klein, Los Angeles, William G. Christopher, Detroit, Mich., for plaintiff.

Jeanne Schulte Scott, Dept. of Health & Human Services, Washington, D.C., L. Michael Wicks, Asst. U.S. Atty., Detroit, Mich., for defendants.

MEMORANDUM OPINION

DeMASCIO, District Judge.

Plaintiff, Mt. Carmel Mercy Hospital, a provider of Medicare services, filed this complaint to challenge the validity of the new malpractice rule. Under the new rule, reimbursement for malpractice insurance costs is based on the "dollar ratio of the provider's Medicare paid malpractice losses for the [cost reporting period at issue] and the preceding 4-year period." 42 C.F.R. § 405.452(b)(1)(ii). Prior to...

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